AG opinion sought on New Mexico’s vague marriage law

LAS CRUCES, N.M. — A New Mexico county clerk is asking Attorney General Gary King for a legal opinion on whether county clerks may issue licenses for same-sex marriages.

Dona County Clerk Lynn Ellis is making the request through a state legislator and says she’s ready to begin issuing licenses for same-sex marriages if the resulting opinion allows it.

Ellis announced her request Wednesday, a day after Santa Fe city officials said they believe New Mexico law allows county clerks to issue licenses for same-sex marriages.

Santa Fe Mayor David Coss and a city cuncil member said Tuesday that New Mexico county clerks should issue marriage licenses to same-sex couples, and Santa Fe City Attorney Geno Zamora says says it would be legal to do so.

A 2004 opinion by then-Attorney General Patricia Madrid declared that 64 licenses issued to same-sex couples by the Sandoval County clerk were invalid. A court later ordered the clerk to not issue licenses for same-sex marriages.